Cordoves v. State

District Court of Appeal of Florida

Cordoves v. State

574 So. 2d 1157, 1991 Fla. App. LEXIS 804, 1991 WL 11735

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1991

DocketNo. 90-1240

StatusPublished

This text of 574 So. 2d 1157 (Cordoves v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cordoves v. State, 574 So. 2d 1157, 1991 Fla. App. LEXIS 804, 1991 WL 11735 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm the defendant’s conviction as it was within the jury’s province to believe the lay testimony over the expert testimony. Byrd v. State, 297 So.2d 22 (Fla.1974).

However, upon the state’s proper confession of error, we reverse the sentence imposed and remand for resentencing. By sentencing the defendant to three years of incarceration to be followed by five years of probation, the trial court imposed the functional equivalent of an eight-year sentence for an offense punishable by a maximum sentence of five years. See State v. Holmes, 360 So.2d 380 (Fla.1978); Gonzalez v. State, 546 So.2d 786 (Fla. 3d DCA 1989).

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

We affirm the defendant’s conviction as it was within the jury’s province to believe the lay testimony over the expert testimony. Byrd v. State, 297 So.2d 22 (Fla.1974).

However, upon the state’s proper confession of error, we reverse the sentence imposed and remand for resentencing. By sentencing the defendant to three years of incarceration to be followed by five years of probation, the trial court imposed the functional equivalent of an eight-year sentence for an offense punishable by a maximum sentence of five years. See State v. Holmes, 360 So.2d 380 (Fla.1978); Gonzalez v. State, 546 So.2d 786 (Fla. 3d DCA 1989).

Affirmed in part, reversed in part, and remanded.

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574 So. 2d 1157, 1991 Fla. App. LEXIS 804, 1991 WL 11735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordoves-v-state-fladistctapp-1991.

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